The Fair Debt Collection Practices Act - Protection against Sallie Mae

The Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (or “FDCPA”) is a body of laws designed to protect consumers from abusive debt collectors.  Whether it be never ending phone calls, threatening letters, or being falsely accused of owing money, the FDCPA was enacted to ensure that no consumer put up with any of it and be given an opportunity to manage their debt in a civil manner.

Perhaps the most important part of the FDCPA is the manner in which it empowers consumers to fight back against abusive debt collectors. The FDCPA allows those consumers who have endured creditor harassment to sue the debt collector for up to $1,000.00 statutory damages, plus actual damages (e.g., mental anguish, phone charges, etc.), plus attorneys fees. Because consumers are so empowered under FDCPA most consumer attorneys will pursue a person’s case on a contingency-type basis.

Although the FDCPA offers broad protections, it only applies under certain circumstances:

• The debt must be a consumer debt. The FDCPA will not apply if the debt is a business debt.

• The debt collector is not the original creditor. The FDCPA really only applies to third party collection agencies. This is not to say that there aren’t laws that apply when the collector is the original creditor. The FDCPA will apply under some narrow circumstances when the collector is the original creditor - also, there might be some State laws that will apply. 

• There other very specific circumstances where the protections afforded under the FDCPA won’t apply. 

• Just because the collector is the original creditor, or because the underlying debt is a business debt, there are many different protections afforded under State and Federal law and a consumer attorney will best be able to determine which laws apply and afford the most protection.

Violations of the FDCPA include:

By Making False or Misleading Representations.  In communicating with the consumer, the communication (phone call, letter, voice messages, etc.):

• gives a false impression as the character, amount or legal status of the debt,

• gives the false impression that the collector is an attorney’s office, a credit reporting agency, or is affiliated with the federal government or state government,

• gives the false impression that the collector is going to pursue some action that is illegal,

◦ For example; giving the impression that non-payment of the debt would result in arrest when arrest under such circumstances would be illegal.

• threatens legal action that the debt collector has no intention of pursuing,

◦ For example; the debt collector writes a letter claiming that if no payment is received within 10 days that they will file a law suit – but they never file a lawsuit, nor did they have any intention of doing so.

• gives the false impression that the consumer has committed a crime by not paying his/her debt, or any other type of conduct in order to embarrass the consumer,

• gives the false impression to be an official court document or government  (e.g., a court order, a subpoena, a warrant, etc.).

If a debt collector uses any false, deceptive, or misleading representation or means in connection with the collection of a debt that’s not listed above, the FDCPA will most likely still offer the consumer protection from it.

Utilizing Unfair Practices in Collection of Debt:

• the debt collector attempts to collect more money than was allowed under the original contract,

• the debt collector asked for, accepted, deposited, or threatened to deposit, a post dated check,

• the debt collector has caused the consumer to incur financial charges (e.g., accept collect calls, travel expenses, overnight rapid delivery fees, etc.)

• the debt collector has publicized the debt by placing derogatory symbols or words like, “dead beat” on the outside of an envelope or by using postcards to try and collect on the debt,

• the debt collector unlawfully repossesses, levies or disables any personal property of the consumer (or threatens to),

• the debt collectors attempt to collect on an old debt, the collection of which is barred by the statute of limitations,

• any other unfair or outrageous collections activity or attempted collections activity.

Harassment and Abuse

• the debt collector uses or threatens to use violence or some other criminal means to collect the debt,

• the debt collector uses obscene, profane or other abusive language,

• the debt collector calls endlessly and/or engages the consumer in conversations repeatedly,

• the debt collectors call without saying who they are,

• the debt collector has published a “dead beat list” of consumers who supposedly don’t ay their debts,

• the debt collector has engaged in any conduct that is meant to, or results in the harassment, oppression or abuse of the consumer

Communications with the Consumer and Others

• the debt collector communicates with the consumer at times the debt collector knows or should know are inconvenient for the consumer,

◦ for example: phone calls after 9:00pm or before 8:00am; phone calls or visits at work when the debt collector knows that such communications are inconvenient for the consumer or that their employer doesn’t allow such calls,

• the debt collector communicates with the consumer after it knows that the consumer is represented by an attorney,

• after sending the debt collector a letter disputing the validity of the debt or asking the debt collector to cease all further communication, the debt collector nonetheless continues to contact the consumer, 

• the debt collector contacts persons other than the consumer (e.g., the consumer’s family and friends) and discusses or publicizes the alleged debt owed, fails to identify themselves, threatens to collect the debt from them (with no legal basis for making such a claim)

Notice Violations

• the debt collector sends a collection notice with text in plain view that refers to the consumer as a “dead beat” or the like. Such as a post card with bright red letters that say, “Pay your bills, DEAD BEAT.”

• the debt collector sends out a collection letter that simulates a court order or some other court document.

The FDCPA is designed to protect against abusive debt collectors, no matter the manner in which they choose to abuse. If you are enduring harassment odds are that it is illegal and you can sue the debt collector for damages, regardless of whether it is listed above or not.

The best resource for finding out whether you have a valid case against a debt collector for violations of the FDCPA (or other consumer protection law) is a local consumer attorney.

Do Recognize This Sallie Mae Harassing Number? 765-283-3176

Report a Phone Call From 7652833176

Date of Call Who Called (company name) What Caller ID showed (words) Your Postal Code (for map)

Calls From (765) 283-3176

88 calls reported from this number.According to 18 reports the identity of this caller is Sallie Mae

[+]

Who Called	Caller ID	Date
Unknown	765 283 3176	2007-10-11
unknown	MCC	2007-08-16
unknown	just the number	2007-04-16
says unknown number	unknown caller	2007-07-27
sallie may	765 283 3176	2008-02-02
Sallie May	None	2007-06-15
sallie mae???	number	2007-07-04
sallie mae	unknown	2008-02-06
sallie mae	MCC	2008-01-09
Sallie Mae	Unknown	2008-01-07
Sallie Mae	MCC	2007-11-20
Sallie Mae	Unknown	2007-11-19
Sallie Mae	MCC	2007-11-07
Sallie Mae	just the number	2007-11-05
Sallie Mae	765-283-3176	2007-10-25
Sallie Mae	Only number	2007-10-22
Sallie Mae	none	2007-09-20
Sallie Mae	Number	2007-07-16
Sallie Mae	MCC	2007-07-13
Sallie Mae	(765) 283-3176	2007-07-02
Sallie Mae	Sallie Mae	2007-06-27
Sallie Mae		2007-06-19
Sallie Mae	MCC 7652933187	2007-06-04
Sallie Mae	nothing	2007-05-14
Sallie Mae		2007-05-10
Salie Mae	MCC	2007-05-17
Salie Mae	765-2833176	2007-04-17
not listed	none	2007-10-04
no saying asking 4 somebody	just number	2007-05-18
No name	Nothing	2007-05-29
Name Unknown		2007-11-14
MCC	MCC	2007-12-05
MCC		2007-11-12
MCC	MCC	2007-11-12
MCC	MCC	2007-10-18
MCC	MCC	2007-10-09
MCC	MCC7652833170	2007-10-01
mcc	765-283-3176	2007-07-26
MCC	MCC	2007-07-16
mcc	mcc	2007-06-14
MCC	MCC	2007-05-23
I don't know their name	showed number	0000-00-00
hung up before I answered	MCC	2007-10-09
Heather		2007-05-03
Hang up	765-283-3176	2008-02-18
grc	800 4365260	2007-12-20
GRC	number	2007-06-07
general revenue corp.	unknown	2008-01-15
Dora	765-283-3176	2007-07-04
do not know	MCC	2007-08-06
DNK; Missed Call		2007-10-08
didnt say	none	2007-05-04
blank		2007-04-18
Aurey (Female)	765-283-3176	2007-11-14
8882725543	No Name	2008-02-05
800-459-1961		2007-11-09
765 283 3176	765 283 3176	2008-02-02
732-746-3372		2007-11-30
3054077133		2007-10-25
(617) 785-6233		2007-11-18
"Sallie Mae Servicing"	MCC	2007-11-02
	765 383 3176	2008-02-02
	MCC	2008-01-14
	unknown name	2008-01-08
	MCC	2008-01-02
	MCC	2007-12-20
	MCC	2007-12-19
	mcc	2007-12-03
	(915) 329-8443	2007-11-20
	MCC	2007-11-20
	private	2007-10-30
	MCC	2007-10-24
	2083271751	2007-10-23
	MCC	2007-10-11
	MCC	2007-09-21
	No Name	2007-08-07
	765-283-3170	2007-07-12
	7652833498	2007-07-05
	Outside Caller	2007-07-02
	MCC	2007-07-02
	mcc	2007-07-01
	765-283-3176	2007-06-25
	mcc	2007-06-22
	mcc	2007-05-29
	MCC	2007-05-07
	MCC	2007-04-27
	MCC	2007-04-26
	MCC	2007-04-21

Comment On Calls From 765-283-3176

Your Name

Message

65 Comments

2007-04-17

Salie Mae

Even after talking to them and there in ability to work with you. They still call

2007-04-26

Bryan Carl

They don't understand life situations and " I can't pay "

if this was the 1800's we would all be dead for our inability to pay our student loan. mind you mine has tripled in the past year even when it is suppose to be in deferrement

2007-04-27

Tired

They called today while I was asleep. I tried calling back after finding this site listing on the web. They say they are GRC. I gave them my phone number, reluctantly, and they told me they do not have it in their system. My husb does have a Sallie Mae loan which is current. This seems a pretty ineffective manner to 'communicate' with customers.

2007-05-10

Katie

Called at my place of business for an employee that hasnt worked for us for over 8 months. Maybe they should update their records.

2007-05-14

me

They don't get it when I tell them they have the wrong number. They are constantly calling and will not identify their city, state or mailing address. I will find them and have the attorney general of their state prosecute them for phone harassment.

2007-05-16

Mark

It's Sallie Mae, yet again, trying to collect a bill I've paid in full. Next call is a lawsuit.

2007-05-17

Paula

It says MCC on caller ID when they call...

2007-05-17

D

(765) 283-3170
(765) 283-3176
Type: Land Line
Provider: Time Warner Communications
Location: Muncie, IN
Company: Sali Mae

2007-05-17

charles

(765) 283-3170
(765) 283-3176
Type: Land Line
Provider: Time Warner Communications
Location: Muncie, IN
Company: Salie Mae
1-866-354-2816(collections)

2007-05-17

Mike

Did you go to school?
No= tell them
Yes= Pay them

Can't afford it, talk it out and make payment plan.

See how easy that was?

2007-05-17

Diamond Bar

The company is General Revenue Corporation out of Munice, IN. They do collections for Sallie Mae Student Loans ONLY. Their policy is to not leave messages, period.

2007-05-18

Flor

They called today asking for George i said who three times they hang up?
i am in MD so i do not know whta relation i have with them?

2007-05-25

Annoyed

Have called my cell phone twice. Won't identify themselves. Only say they are looking for Rene Russo. I told them they have the wrong number, but they called again. Supposedly this Rene Russo put my number down on an application, but failed to list a name. I hate people!

2007-05-30

M Franks

Sallie Mae

2007-06-07

k

called 30 times in one day without any messages. I finally got a chance to answer and advised that until they left a message I would not speak with them.

2007-06-08

M

They call numerous times a day. Sometimes 765-283-3176 sometimes 765-283-3171 and sometimes 765-283-3170 all MCC. I use my answering machine to screen my calls, I really don't give a flying f*** if they have a policy of not leaving messages, if they want me, talk to the machine! Simple as that.

2007-06-19

Broke

Sallie Mae is a true gansta. They dont even give you a chance to pay them back. And how the hell did they get my cell phone number? At this point send it to collection.

2007-06-22

HOH

Caller ID says MCC, called 3 times in 4 hours today - no message. I see here people saying collections for student loans - well, I have never had a student loan so what might they be calling for? Wrong #? I'm reporting them to the donotcall list again!

2007-06-25

HS

Called at 5 am and didn't say a word when I picked up the phone.

2007-06-25

Ron

I told Sallie Mae a week ago it is the wrong number, not a debtor, and they said would stop calling. They called 4 times a day for 3 weeks. Now, still calling me, a wrong number.

2007-06-29

Tarzana

No one in this house has a loan with Sallie Mae! They don't leave messages and the caller ID is misleading.

2007-06-29

Mordor

I called them and they said they couldn't tell my why they called!

2007-07-02

Ryan

They keep calling and not leaving any messages. I pay my loan each and every month, and for some reason they keep saying that I am 3-4 months late, and they want payment now.
They are the most un-organized loan place around. I will find another company, and switch out from Sallie Mae, they suck

2007-07-04

M

Dora was calling for D. They called at 8:04am on the 4th of July.
WOKE ME UP! SHe said that she gave my number as her home address. I asked who it was and she said it was a business matter. They call on Sundays but I can't call them except on business hours and I am at work during that time. There is to be a deferment and they still keep calling. THe college the loan was with showed up on 60 Minutes with a Bad Wrap and so she didn't even go to school. There were not to pay the school. So they need to get their money back from the school.
They call and I get wierd messages on my answering maching and anoying messages. They better stop calling.

2007-07-04

wc

its not funny,, they called me at 8:28 am this four of july..does do not call list work???

2007-07-13

Joan

The caller asked for my personal information but would NOT identify who they were or if they were calling on behalf of someone else. Of course I refused to give them the personal info they asked for. If this is ever an attempt to call on behalf of a debt owed, the Fair Debtor's Collection Practices Act requires them to say certain things and especially they MUST identify themselves. I am disabled and have been on an economic hardship for years so I am truly angry at this low ball tactic. I fully intend to call and report them for violating the FDCPA! They can be fined up to $5000 per violation so I urge you all to file complaints.

2007-07-16

Jackie

They call about three times a day. Our Dad has Sallie Mae loans so it probably is GRC collecting for them.

2007-07-17

Stephanie

Sallie Mae regarding an "important business matter". FRAUD!

2007-07-21

Pat

don't know who these people are and why they would be calling me. I have never had a student loan or any kind of loan with them. they won't stop calling. infuriating!

2007-07-23

HS

Called again at 5:15 am and asked for Louis, my name is Howard.

2007-07-26

Tired of fraud

My husband has received numerous calls from the "MCC" number...then they state it is Sallie Mae. However, Sallie Mae hasn't heard of them. Furthermore, they won't tell me why they called...my husband and I don't even have any student loans. He went to SYracuse Univ. on a full ride football scholarship a few years ago. When they call I just tell them (after they state who they are) that the phone call is being recorded and will be used as evidence against them in court for violating the fair debt collection practice act. Failure to represent themselves honestly and give me an address where they are located is a strict violation of the act.

2007-07-27

momszoo

caller id lists MCC.
they left a message that was garbled, even my hearing friend couldn't understand it.
If it is Sallie Mae, I have never had a student loan so...and am on the DNC list.
I wish they would quit calling me.
If they want something, then leave a detailed message that someone can understand. Simple???
Can't fix stupid...

2007-08-03

G May

I suspected this MCC was Sallie Mae. Is for my daughter who has a student loan. They probably don't leave messasges because a collection agency, or any company for that matter which is trying to collect a debt, is prohibited from leaving any sort of message eluding to the reason for their call. The most they can do is leave their name & request a return call and hope they get a response. This I know because I work for a newspaper and we try reaching customers whose a/c's are about to suspend. Often, people aren't home and we leave a message asking them to call us back - that's all we are permitted to do. Of course, they mostly don't call back - they know why we are calling!

2007-08-06

Mlt

I got 6 calls from this number in an hour and 1/2. What is it with these people?

2007-09-06

H

So annoying.... I basically just got my phone and they called me, wrong number.

2007-09-09

Sallie Mae

Yes, I know I have a Debt, but my debt is on deferred. They called me three times on SUNDAY. The next phone call will be recorded for legal reasons.

2007-09-10

adexec

I will not speak to anyone who calls me unless they properly identify themselves and the company they represent and the purpose of their call at the beginning of the call.

This is the first time they called.

I picked up and waited for a greeting. No reply.

I said, "Who is it?" No reply.

I repeated, "Who is it?"

AFfmale asked, "Christopher?"

Again I asked, "Who is it?"

She said, "Michelle."

That isn't identifying yourself and the company you represent, so I just hung up.

2007-09-15

Dana

It's Sallie Mae they are really getting on my nerves. I wish I had never signed for a loan with them. They suck if I had the money I would just pay for it all at once so these people would just STOP harrassing me!

2007-09-21

Ticked Off

They have my number by mistake and keep calling nonstop after telling them countless times to stop asking for different names of people I don't know. It's insane!

2007-09-21

Broke

They always call and never leave a message. I told them to send the bill to my new adderess but won't because my dad's on it too and they say he needs to authorize the address change. Guess what Sallie Mae? Not everyone is on speaking terms w/ their dead beat dads. So if you can't change my address to send me the bill, don't expect to get paid sucka!

2007-09-24

Debi

I have had two calls on my cell phone from this place. No messages. I called them back and asked them who they were, and they said Sallie mae and they collect for school loans. Since I never had a school loan, they said it must be a wrong number. But when they tried to find my number in the system, nothing came up, which means this will probably happen again. What can we do?

2007-09-28

john

Good Luck with the attempts to cease the calls. I have a student loan with Sallie Mae...what a bitch! I have always paid my monthly payments before the due date, at times I even pay more than the monthyl amount. Now they call 4(+) times a day including weekends just to remind me that my monthly payment is due. Once I spoke with a call operations manager, She was suppose to remove my name and number from the collections list...she could not understand how my name and number was even placed on the collections list...today my name still remains on the active collections list. Its time to take action...I am working with a lawyer to file suit against them.

2007-10-03

Lee

The caller Id list it as MCC do not know why they are calling here? They called 5 minutes ago at 8:35 pm. I heard from another source its a scam to get your personal info and that it is not Salie Mae. I think its time for a feature on our phone service that blocks out all unwanted calls, call blocking only blocks calls Locally!!

2007-10-03

LEE

Udate on this info: I looked up this numbe on Intellus and this is what I got, Informatin Found, Number type, Residitional.
If I wanted more I had to pay for it, sounds like someone running a Scam to me. If it was a Business, why then didnt it list type, as a Business phone?

2007-10-23

Michael

I didn't even take out a loan with them, yet they call me from 3 different numbers trying to contact me. I agree with Mark, next call is a lawsuit.

2007-10-25

TO

It's a shame that these people call on a daily basis. I feel sorry for the poor ba**ards. They should have taken out a loan, attended school, and spent the rest of their days dodging collections like you and me!

Don't Worry...Be Happy.

2007-10-31

flippin pised

LAME. LAME. LAME. Have in school deferment, but still harrassed by this caller. EVERYDAY! Preditors feasting on students. Next stop, my congressman. I would reccomend that anyone else fed up with this situation also contact their representative to let them know that preying on poor students attempting to fulfill their dreams of post secondary education needs federal intervention.

2007-11-02

Ken

I receive up to 5 phone calls a day from this number telling me I have business with them. I have never taken out a loan and the University they mentioned is not known to me. They are harrasing the living daylights out of me. They are so antagonistic when they call.

2007-11-05

tacoma_ian

It was an automatic message saying hold on for the next available operator, over and over. I held on and it eventually disconnected. I called the number and some lady answered "Sallie Mae" and asked for my social. I asked her why she needed that and she said it was to pull up an account. I told her I don't have an account and want to know why she is calling me. She hung up. Bitch. I called back and got a much friendlier lady who promised to take my number out of their dialer. We'll see if it happens.

2007-11-07

Phil

Fuck them!
I'm paying them and they still can't get it right! Sallie Mae can stick it up her ass! They are calling and harassing me on bills that I'm paying. Let them eat shit and die. Fuck them!

2007-11-07

Mandy

I picked up the first call and a woman told me I was behind payments on my Sallie Mae loan. I explained that as far as I know I'm current, but I would check my account online to be sure. I did check and have not missed a payment, next one is due in 2 weeks. The next day this number called me twice, I didn't pick up because I know I didn't miss any payments. Seems like they don't have current information or any clue what they're doing... I will just ignore this number from now on.

2007-11-12

Lindsey

I told them when the payment would be made (same time - on time - every month) and they keep calling me. Fives times per day. Called me at work and got a number that is unlisted number I have. They are as bad as Citibank.

2007-11-14

CalledMomsCell

It's midnight here and they called my mom's cell phone asking for me. God knows how they got that. Maybe an emergency contact number from when they called my old job I haven't been at for over 3 months. If they wanted there money so bad then why don't they have the respect to call my house and not have anyone spend money on a bull$h!+ call of harassment? I been out of work for over 3 months and they still don't quit. If you're reading this I'm broke and I'm out of work. I beg you to stop harassing us.

2007-11-14

Called Cell

It's midnight here and they called my mom's cell phone asking for me. God knows how they got that. Maybe an emergency contact number from when they called my old job I haven't been at for over 3 months. If they wanted there money so bad then why don't they have the respect to call my house and not have anyone spend money on a bull$h!+ call of harassment? I been out of work for over 3 months and they still don't quit. If you're reading this I'm broke and I'm out of work. I beg you to stop harassing us.

2007-11-14

Cell

It's midnight here and they called my mom's cell phone asking for me. God knows how they got that. Maybe an emergency contact number from when they called my old job I haven't been at for over 3 months. If they wanted there money so bad then why don't they have the respect to call my house and not have anyone spend money on a bull$h!+ call of harassment? I been out of work for over 3 months and they still don't quit. If you're reading this I'm broke and I'm out of work. I beg you to stop harassing us.

2007-11-16

Mei

They keep calling me! It drives me crazy.

2007-11-20

Be

I'm going to take Sallie Mae to court. I don't owe them a dime, yet they keep calling me. I talked to a lady who said they were going to remove my number but they still call. I'm retired, living on Social Security. I'm tired of them calling me. Something needs to be done. Anyone who takes out a student loan, beware and avoid Sallie Mae.

2007-11-25

Jason

Hey guys i had a little trouble paying Sallie Mae, who calls about 20x a day. I found a website that can help you pay your loans www.adviceontime.com just as an FYI every dollar counts.

2007-12-04

Kirk

I spoke to an operator once and told her I was not the person that they were looking for. She told me that she would remove my number from their system. According to her, it would be gone in about 24 hours. Guess what? No more than 10 minutes later the very same operator called me again!

Months later, they are calling me again on this 765 number. I simply don't answer the phone if I don't know who it is. It's not worth wasting minutes on. If they don't leave a voicemail message, I simply assume it's either a wrong number or a telemarketer.

2007-12-07

Salie Mae Ha...

This number called my house and asked to speak to my husband. As soon as he got on the phone they asked for his name, birthdate, and the last four digits of his Social... They said they were Salie Mae he does have loans out with them and they are NOT over due.. He asked them what they needed and they said it was a buisness matter he hung up the phone on them.. So we called Salie Mae as soon as he got off the phone and they said "NO WE DID NOT CALL YOU" This number is wanting your personal info for OTHER reasons...

2007-12-11

FYI

There is a website that is giving their profits away to people who don't have money to pay their student loans www.adviceontime.com i signed up for it any penny counts!

2007-12-21

TB

Asked for my nephew and said my name and number was used as reference.

2008-01-10

H

they called me and i told them i had no money to pay cause i have 30 dollars to my name. the lady said ok we can deffer payment for 3 months and continued to say the defferement would cost 50 dollors and asked how i would like to pay it (check, debit, credit). i said i had no money and couldnt. before she hungup she said, "go borrow 20 dollars from a friend so you can pay defferment", HAHA!!! LOLZ

2008-01-21

Jon

I had a loan that was paid in full before it even reached repayment status. Two months before repayment was to begin it was paid to the penny. Then, when repayment began, they decided to start applying interest--when there was a 0 balance. Now, three months later, they claim I owe them nearly $500. They call a dozen times a day, every day. I have spoken to managers four times....the first told me it was a "prepayment penalty fee" for paying off the loan so early. The second told me it was a "disbursement fee", but sallie mae's own website states that my loan carries no such fee. The third told me that it was an "origination fee" which is the same thing as a disbursement fee, they tell me. And the fourth, last night, told me that it was a "guarantor insurance fee". Well, thats what he said after I kept hounding him about it--at first he said "there is no code here for that amount so I cannot tell you what it is..." What a ripoff....And they still cannot figure out, when they call, why I am pissed off and why I refuse to pay them....

2008-02-06

wambat

they call when the anser machine comes on they hang up i am on the do not call list which is'nt worth the paper it written on